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1980 Supreme(Cal) 252

CHITTATOSH MUKHERJEE, B.N.MAITRA
MAHADEV MISSIR – Appellant
Versus
BASUDEV MISSIR – Respondent


Advocates Appeared:
BASANTA KUMAR PANDA, HIMANSHU KUMAR BASU, R.N.Mitra, Sontimoy Panda

B. N. MAITRA, J.

( 1 ) THE plaintiff's have alleged that defendant No. 1, Mahadev Missir, is the elder brother of plaintiff No. 1, Basudeb. They hail from U. P. About 30 years ago, the plaintiff No. 1 and defendant No. 1 came to Kharagpur in the district of Midnapore in search of employment. They settled there, lived in joint mess and jointly dealt in ready-made garments, blankets, clothes etc. Mahadev was the karta of the joint family and he used to supervise the business. Subsequently, their business flourished. Out of the Ejmali fund, Basudeb and Mahadev Missir acquired properties from time to time. Some of the acquisitions were made in the name of Basudeb Missir, some in the name of Mahadev Missir, some in the name of plaintiff No. 2, son of plaintiff No. 1, and some in the names of defendants Nos. 2 and 3, sons of Mahadev. But all the properties listed in the schedule to the plaint are joint family properties. About five or six years ago, plaintiff No. l and Mahadev Missir fell out. Mahadev disclosed that all the properties were his self-acquired ones and the plaintiff's had no right therein and also asserted that the properties had been recorded in his name in the R. S. Khat














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